Paul Gogarty (Dublin Mid West, Green Party)
Link to this: Individually | In context

Question 559: To ask the Minister for Justice, Equality and Law Reform if situations exist whereby top-level Garda informers are made immune from prosecution or investigation in respect of matters involving third parties, such as incidences of alleged rape; and if he will make a statement on the matter. [14011/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I can assure the Deputy that situations of the kind outlined in his question do not arise. I am informed by the Garda authorities that policy and practices have been introduced to reflect best international practice in the management and use of covert human intelligence sources by members of the Garda Síochána. Although it would not be in the public interest to detail the policy and practices, I can confirm that persons who meet specific criteria contained in the Garda Síochána's code of practice are assessed and, where considered appropriate, are managed by appropriately trained Garda personnel.

All persons, including those who provide information to the Garda Síochána, are amenable to criminal investigation. Where an offence is disclosed, the matter is fully investigated and a Garda investigation file is submitted to the Director of Public Prosecutions (DPP), as appropriate. It is the responsibility of the DPP to determine whether criminal prosecution is initiated against any person in respect of a serious offence such as alleged rape, and the DPP performs this function in a statutorily independent manner.